CRP Issue, Original legal claim and settlement

Settlement
http://www.fsa.usda.gov/Internet/FSA_File/353646-.pdf
Original legal claim
http://www.nwf.org/nwfwebadmin/binaryVault/FINAL%20COMPLAINT%20w%20JH%20formatting.pdf
Settlement map
http://www.fsa.usda.gov/Internet/FSA_File/settlement_agreement_states.pdf
NWF press release on issue
http://www.huntingandfishingjournal.org/archives/issues/CRPPressRelease.pdf


III. TERMS
The Parties have negotiated this Settlement Agreement, and, in consideration of the
mutual promises and undertakings set forth herein, the receipt and suffciency of which are
hereby acknowledged, the Parties agree to the following terms:
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1). Haying and Grazing Limits: Unless and until FSA undertakes and completes one or
more additiot¥al NEP A analyses identified in paragraph 2 below, managed haying and grazing of
lands enrolled in the Conservation Reserve Program wil be allowed under the terms set forth
below in the nineteen states, or parts of such states, specified below on any new CRP contracts
entered into after the date of this agreement. For this purose, "new contracts" include reenrollment
but shall not include an extension of an existing contract in which managed haying
and grazing has been approved prior to the date this Agreement is signed by all paries.
A) Managed haying and grazing is not allowed in the following states for the
following periods during each calendar year: 1 ) Washington - April 1 to August 1; 2) Oregon-'-
- March 1 to July 15; (3) Idaho --- April 1 to August 1; (4) Montana -- May 15 to August 1; (5)
NorthDakota -- April 15 to August 1; (6) South Dakota -- May 1 to August 1; (7) Nebraska--
May 1 to July 15; (8) Kansas -- April 15 to July 15; (9) Oklahoma -- May 1 to July 1; (10) Texas
-- March 1 to July 1; (11) New Mexico -- March 1 to July 1; (12) Arizona -- April 1 toJuly 1;
(13) Utah -- April 1 to July 15; (14) Wyoming --1Jay 15 to July 15; (15) California - April 1 to
July 1; (16) Colorado --March 15 to July 15; (17) Nevada -- May 1 to July 15; 18) New York-
April 1 to August 1; 19) Wisconsin - May 15 to August 1; 19) Indiana - April 1 to August 1
(hereinafter, referred to as "PNS restrictions")
B) Managed haying will be limited to no more than once every 1 0 years in the
following states: Washington (east of the Cascade Mountain Range), Oregon (east of the
Cascade Mountain Range), Idaho, Montana, North Dakota, South Dakota, Nebraska,
Kansas, Oklahoma, Texas, New Mexico, Arizona, Utah, Wyoming, California, Colorado
and Nevada. Managed haying may be permitted on 50 percent of each field or contiguous
fields, once in five years.
C) Managed grazing will be limited to no more than once every 10 years in the
following states: Washington (east of the Cascade Mountain Range), Oregon (east of the
Cascade Mountain Range), Idaho, Utah, New Mexico, Nevada, and Arizona. FSA agrees
to use the Natural Resource Conservation Service's standards in FSA's determination of
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the stocking rates, and further agrees that managed grazing wil not be more than 75
percent of those rates.
D) Managed grazing wil be limited to no more than once every 5 years in
the following states: Montana, North Dakota, South Dakota, Nebraska, Kansas,
Oklahoma, Texas, Colorado, Wyoming. FSA agrees to use the Natural Resource
Conservation Service's standards in FSA' s determination of the stocking rates, and
furher agrees that managed grazing wil not be more than 75 percent of those rates.
Paragraphs B - D are hereinafter referred to as "haying and grazing frequencies." There
shall be no limit imposed by this settlement agreement on managed haying and grazing outside
the nineteen states, or part of such states, identified above,. Likewise, nothing in this Agreement
shall effect CCC's authority with respect to emergency haying and grazing, including such
emergency haying and grazing done by persons with permission to engage in managed haying
and grazing. FSA will issue CRP Notices within 30 days of the effective date of this agreement
that notify the affected state FSA offices of the terms and conditions set out above. It is
understood that both haying and grazing will be permitted on any far, subject to the limits
identified in paragraphs A-D, above.
2) Optional NEP A Analysis: The scope of any additional NEP A analysis referred to in
paragraph 1 on proposed changes in PNS restrictions or haying and grazing frequencies may be
regional or more local, such as state-wide, county-wide, or multi-state or multi-county. Such
NEP A analysis undertaken pursuant to this Settlement Agreement wil include the impact of
managed haying and grazing on:
A) CRP plant stand vigor and diversity;
B) habitat of the principal grassland bird and other wildlife species;
C) wildlife, water, 'erosion, air quality, and socio-economic factors.
In addition, such analysis will consider a managed haying and grazing alternative
that seeks to optimize the wildlife benefits of that activity, consistent with meeting soil
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conservàtion and water quality objectives of the CRP. FSA agrees to solicit the views of the
u.s. Fish and Wildlife Service arid the Natural Resources Conservation Service on such
alternative.
FSA shall not be bound by the PNS restrictions or haying and grazing frequencies
in Paragraph 1 for a region or a more local area after it completes a NEP A analysis and issues a
decision for the region or more localized area addressing a proposal to change the PNS
restrictions or haying and grazing frequencies.
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